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    VIENNA CONVENTION On Diplomatic Relations

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    Arthur Archie Tiu
    The Vienna Convention on Diplomatic Relations establishes rules regarding diplomatic immunity. It provides that diplomatic agents and their families have immunity from criminal and most civil jurisdiction of the receiving state. It also establishes that diplomatic residences and documents have inviolability or protection from search/seizure. The convention exempts diplomatic agents from taxes and public services of the receiving state and allows for tax-free import of personal effects. It also covers duties of diplomats to respect local laws and not interfere in internal affairs, as well as rules governing end of diplomatic functions or relations between states.

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    VIENNA CONVENTION On Diplomatic Relations

    Uploaded by

    Arthur Archie Tiu
    219 views20 pages
    The Vienna Convention on Diplomatic Relations establishes rules regarding diplomatic immunity. It provides that diplomatic agents and their families have immunity from criminal and most civil jurisdiction of the receiving state. It also establishes that diplomatic residences and documents have inviolability or protection from search/seizure. The convention exempts diplomatic agents from taxes and public services of the receiving state and allows for tax-free import of personal effects. It also covers duties of diplomats to respect local laws and not interfere in internal affairs, as well as rules governing end of diplomatic functions or relations between states.

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    Vienna convention on diplomatic relations

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    VIENNA CONVENTION on Diplomatic relations

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    The Vienna Convention on Diplomatic Relations establishes rules regarding diplomatic immunity. It provides that diplomatic agents and their families have immunity from criminal and most civil jurisdiction of the receiving state. It also establishes that diplomatic residences and documents have inviolability or protection from search/seizure. The convention exempts diplomatic agents from taxes and public services of the receiving state and allows for tax-free import of personal effects. It also covers duties of diplomats to respect local laws and not interfere in internal affairs, as well as rules governing end of diplomatic functions or relations between states.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    219 views20 pages

    VIENNA CONVENTION On Diplomatic Relations

    Uploaded by

    Arthur Archie Tiu
    The Vienna Convention on Diplomatic Relations establishes rules regarding diplomatic immunity. It provides that diplomatic agents and their families have immunity from criminal and most civil jurisdiction of the receiving state. It also establishes that diplomatic residences and documents have inviolability or protection from search/seizure. The convention exempts diplomatic agents from taxes and public services of the receiving state and allows for tax-free import of personal effects. It also covers duties of diplomats to respect local laws and not interfere in internal affairs, as well as rules governing end of diplomatic functions or relations between states.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
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    The key takeaways are the Vienna Convention outlines the privileges, immunities and duties of diplomatic agents and missions.

    Diplomatic agents are granted inviolability of person and residence as well as immunity from criminal and some civil/administrative jurisdiction of the receiving state.

    The exceptions to immunity from jurisdiction for diplomatic agents are actions relating to private immovable property, succession, and professional/commercial activities outside official functions.

    VIENNA CONVENTION ON DIPLOMATIC RELATIONS

    Inviolability of Premises (Article 30)


    The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability.

    Immunity from Jurisdiction (Article 31)


    A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of :
    a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

    Immunity from Jurisdiction (Article 31)


    A diplomatic agent is not obliged to give evidence as a witness No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

    Article 32
    Immunity from jurisdiction may be waived by sending state
    Must be expressed

    initiation of proceedings by a diplomatic agent of by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jursdiction in respect of any counter-claim directly connected with the principal claim.

    Exemption from receiving state (Article 33-36)


    Diplomatic agents are exempt from:
    Social security provisions Dues and taxes, personal or real, national, regional or municipal except
    Indirect taxes Taxes on immovable Estate, succession or inheritance Private income Charges on specific services Registration, court or record fees, mortage dues and stamp duties

    Exemption from receiving state Article (33-36)


    receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations Receiving state may permit entry of and grant exemption from all custom duties, taxes, and related charges
    For official use of the mission personal use of a diplomatic agent or members of his family forming part of his household

    Exemption from receiving state (Article 33-36)


    Personal baggage are exempt from inspection
    Exception
    serious grounds for presuming that it contains articles not covered by the exemptions mentioned in the preceding paragraph articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State

    Article 37
    members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36. Administrative and technical staff, same privileges from the family of diplomatic agent excluding article 36

    Article 39
    Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed.

    Article 39
    When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.

    Third Parties (Article 40)


    If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges and immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.

    Duties of the Diplomat (Article 41)


    it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State. Official business with the receiving state shall be conducted with or through the Ministry of Foreign affairs

    Practices of Diplomat (Article 42)


    A diplomatic agent shall not in the receiving State practice for personal profit any professional or commercial activity.

    Article 43
    function of a diplomatic agent comes to an end
    notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end on notification by the receiving State to the sending State that, in accordance with paragraph 2 of Article 9, it refuses to recognize the diplomatic agent as a member of the mission.

    Article 45
    If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled :
    Receiving state must protect and respect the premises of the mission Sending state must
    Entrust custody of the premises of the mission and protection of its interest and nationals to a third state acceptable to the receiving state.

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